82_FR_37193 82 FR 37042 - Notice of Availability of Treatment Evaluation Document for Aircraft Treatments for Certain Hitchhiking Pests

82 FR 37042 - Notice of Availability of Treatment Evaluation Document for Aircraft Treatments for Certain Hitchhiking Pests

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range37042-37043
FR Document2017-16676

We are advising the public that we have determined that it is necessary to immediately add to the Plant Protection and Quarantine Treatment Manual two new chemical treatments for targeting regulated pests in the cargo holds of aircraft. We have prepared a treatment evaluation document that describes the new treatment schedules and explains why we have determined that they are effective at neutralizing certain target pests. We are making the treatment evaluation document available to the public for review and comment.

Federal Register, Volume 82 Issue 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37042-37043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16676]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2016-0035]


Notice of Availability of Treatment Evaluation Document for 
Aircraft Treatments for Certain Hitchhiking Pests

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that we have determined that it is 
necessary to immediately add to the Plant Protection and Quarantine 
Treatment Manual two new chemical treatments for targeting regulated 
pests in the cargo holds of aircraft. We have prepared a treatment 
evaluation document that describes the new treatment schedules and 
explains why we have determined that they are effective at neutralizing 
certain target pests. We are making the treatment evaluation document 
available to the public for review and comment.

DATES: We will consider all comments that we receive on or before 
October 10, 2017.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0035.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0035, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0035 or in our reading room, which is located in Room 1141 of the USDA 
South Building, 14th Street and Independence

[[Page 37043]]

Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 
4:30 p.m., Monday through Friday, except holidays. To be sure someone 
is there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory 
Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 
20737-1231; (301) 851-2240.

SUPPLEMENTARY INFORMATION: The regulations in 7 CFR chapter III are 
intended, among other things, to prevent the introduction or 
dissemination of plant pests and noxious weeds into or within the 
United States. Under the regulations, certain plants, fruits, 
vegetables, and other articles must be treated before they may be moved 
into the United States or interstate. The phytosanitary treatments 
regulations contained in part 305 of 7 CFR chapter III (referred to 
below as the regulations) set out standards for treatments required in 
parts 301, 318, and 319 of 7 CFR chapter III for fruits, vegetables, 
and other articles.
    In Sec.  305.2, paragraph (b) states that approved treatment 
schedules are set out in the Plant Protection and Quarantine (PPQ) 
Treatment Manual.\1\ Section 305.3 sets out the processes for adding, 
revising, or removing treatment schedules in the PPQ Treatment Manual. 
In that section, paragraph (b) sets out the process for adding, 
revising, or removing treatment schedules when there is an immediate 
need to make a change. The circumstances in which an immediate need 
exists are described in Sec.  305.3(b)(1). They are:
---------------------------------------------------------------------------

    \1\ The Treatment Manual is available at http://www.aphis.usda.gov/import_export/plants/manuals/index.shtml or by 
contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Manuals Unit, 92 Thomas Johnson Drive, 
Suite 200, Frederick, MD 21702.
---------------------------------------------------------------------------

     PPQ has determined that an approved treatment schedule is 
ineffective at neutralizing the targeted plant pest(s).
     PPQ has determined that, in order to neutralize the 
targeted plant pest(s), the treatment schedule must be administered 
using a different process than was previously used.
     PPQ has determined that a new treatment schedule is 
effective, based on efficacy data, and that ongoing trade in a 
commodity or commodities may be adversely impacted unless the new 
treatment schedule is approved for use.
     The use of a treatment schedule is no longer authorized by 
the U.S. Environmental Protection Agency or by any other Federal 
entity.
    In accordance with Sec.  305.3(b)(1), we are providing notice that 
we have determined that it is necessary to add two new treatments to 
the PPQ Treatment Manual: T409-a, a surface spray with deltamethrin 
4.75 percent active ingredient to mitigate the risk of Khapra beetle on 
aircraft; and T409-b-3, an aerosol spray with `1-Shot' treatment 
containing 2 percent d-phenothrin and 2 percent permethrin to mitigate 
the risk of Japanese beetle and other hitchhiking pests, except Khapra 
beetle, on aircraft.
    To accommodate the addition of treatment T409-b-3, we have 
redesignated treatment schedule T409-b as T409-b-1.
    The reasons for these additions to the treatment manual are 
described in detail in the treatment evaluation document (TED) we have 
prepared to support this action. The TED may be viewed on the 
Regulations.gov Web site or in our reading room (see ADDRESSES above 
for instructions for accessing Regulations.gov and information on the 
location and hours of the reading room). You may also request paper 
copies of the TED by calling or writing to the person listed under FOR 
FURTHER INFORMATION CONTACT. Please refer to the subject of the TED 
when requesting copies.
    After reviewing the comments we receive, we will announce our 
decision regarding the new treatment schedules described in the TED in 
a subsequent notice. If we do not receive any comments, or the comments 
we receive do not change our determination that the proposed changes 
are effective, we will affirm these changes to the PPQ Treatment Manual 
and make available a new version of the PPQ Treatment Manual reflecting 
these changes. If we receive comments that cause us to determine that 
additional changes need to be made to one or more of the treatment 
schedules discussed above, we will make available a new version of the 
PPQ Treatment Manual that reflects the changes.

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 2nd day of August 2017.
Michael C. Gregoire,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-16676 Filed 8-7-17; 8:45 am]
 BILLING CODE 3410-10-P



                                                    37042                         Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                    not received a risk classification from                 regulating animal feed. The FDA has                     • Regions of negligible risk for BSE:
                                                    the World Organization for Animal                       established regulations in 21 CFR part                Costa Rica, Germany, Lithuania,
                                                    Health (OIE) to request classification by               589 that prohibit mammalian protein in                Mexico, Namibia, Romania, and Spain.
                                                    APHIS. The other way is for APHIS to                    ruminant feed (which includes a                         Authority: 7 U.S.C. 1622 and 8301–8317;
                                                    concur with the classification given to a               ruminant-to-ruminant feed ban) and the                21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7
                                                    country by the OIE.                                     use of tissues that have the highest risk             CFR 2.22, 2.80, and 371.4.
                                                       If the OIE has recognized a country as               for carrying the BSE agent in all animal               Done in Washington, DC, this 2nd day of
                                                    either BSE negligible risk or BSE                       feed. These high risk cattle materials,               August 2017.
                                                    controlled risk, APHIS will seek                        known as specified risk materials                     Michael C. Gregoire,
                                                    information to support our concurrence                  (SRM), include the brains and spinal
                                                                                                                                                                  Acting Administrator, Animal and Plant
                                                    with the OIE classification. This                       cords from cattle 30 months of age and                Health Inspection Service.
                                                    information may be publicly available                   older.
                                                                                                                                                                  [FR Doc. 2017–16674 Filed 8–7–17; 8:45 am]
                                                    information, or APHIS may request that                     To assess and monitor for compliance               BILLING CODE 3410–34–P
                                                    countries supply the same information                   with the feed ban, the FDA established
                                                    given to the OIE. APHIS will announce                   the ruminant feed ban inspection
                                                    in the Federal Register, subject to                     program and guidance to assist both the               DEPARTMENT OF AGRICULTURE
                                                    public comment, its intent to concur                    FDA and State investigators. Feed mill
                                                    with an OIE classification.                             and rendering plant inspections                       Animal and Plant Health Inspection
                                                       In accordance with that process, we                  conducted since 1998 indicate a very                  Service
                                                    published a notice 1 in the Federal                     high level of compliance with the feed
                                                    Register on January 23, 2017 (82 FR                                                                           [Docket No. APHIS–2016–0035]
                                                                                                            ban. Summaries of inspections can be
                                                    7786, Docket No. APHIS–2016–0092), in                   viewed on the FDA Web site at https://
                                                    which we announced our intent to                                                                              Notice of Availability of Treatment
                                                                                                            www.fda.gov/AnimalVeterinary/                         Evaluation Document for Aircraft
                                                    concur with the OIE risk designations                   GuidanceComplianceEnforcement/
                                                    for seven regions. The OIE recognizes                                                                         Treatments for Certain Hitchhiking
                                                                                                            ComplianceEnforcement/                                Pests
                                                    these regions as being of negligible risk               BovineSpongiformEncephalopathy/
                                                    for BSE. We solicited comments on the                   ucm114507.htm. The FDA also                           AGENCY:  Animal and Plant Health
                                                    notice for 60 days ending on March 24,                  established a feed testing program in                 Inspection Service, USDA.
                                                    2017. We received one comment by that                   2001. The FDA’s highest priority for                  ACTION: Notice of availability and
                                                    date, from a private citizen.                           sample selection is given to finished                 request for comments.
                                                       The commenter expressed concern                      products intended for ruminants, and
                                                    that there is no process for verifying                  feed ingredients that may reasonably be               SUMMARY:   We are advising the public
                                                    whether ruminant-to-ruminant feed                       expected to be later used in ruminant                 that we have determined that it is
                                                    bans are effectively enforced.                          feed.                                                 necessary to immediately add to the
                                                       As part of its risk assessment process,                                                                    Plant Protection and Quarantine
                                                    the OIE considers the likelihood that the                  The commenter also expressed                       Treatment Manual two new chemical
                                                    BSE agent either could be introduced                    concern that products from cattle                     treatments for targeting regulated pests
                                                    into or spread within a country through                 slaughtered at 36 months of age pose a                in the cargo holds of aircraft. We have
                                                    contaminated commodities, including                     health risk to consumers.                             prepared a treatment evaluation
                                                    animal feed and feed ingredients. They                     The commenter is correct that certain              document that describes the new
                                                    consider both the production of                         bovine products and live cattle from                  treatment schedules and explains why
                                                    processed animal proteins from                          specific countries with a higher risk of              we have determined that they are
                                                    domestic livestock, and the use of                      BSE release may carry BSE infectivity                 effective at neutralizing certain target
                                                    imported processed animal proteins,                     and therefore present a health risk to                pests. We are making the treatment
                                                    animal feed, and feed ingredients when                  consumers if no measures are taken to                 evaluation document available to the
                                                    assessing that risk. APHIS reviews                      mitigate that risk. For this reason, the              public for review and comment.
                                                    similar information before concurring                   OIE also describes specific requirements              DATES: We will consider all comments
                                                    with the OIE designation.                               for certain commodities originating from              that we receive on or before October 10,
                                                       Once recognized as either negligible                 regions of controlled and undetermined                2017.
                                                    or controlled risk for BSE by the OIE, a                risk.
                                                                                                                                                                  ADDRESSES: You may submit comments
                                                    country must submit data on                                APHIS regulations require
                                                    surveillance results and feed controls                                                                        by either of the following methods:
                                                                                                            implementation of and compliance with                    • Federal eRulemaking Portal: Go to
                                                    for the previous 12 months annually to                  very similar requirements for both live               http://www.regulations.gov/
                                                    maintain that status. If a country fails to             bovines and bovine commodities in a                   #!docketDetail;D=APHIS-2016-0035.
                                                    provide that data in a timely manner, or                region before we concur with the OIE’s                   • Postal Mail/Commercial Delivery:
                                                    the data shows changes that increase the                BSE risk designation. These                           Send your comment to Docket No.
                                                    risk of BSE introduction or spread, the                 requirements mitigate the risk of                     APHIS–2016–0035, Regulatory Analysis
                                                    country’s risk designation may be                       exposure to a negligible level. Therefore,            and Development, PPD, APHIS, Station
                                                    changed. In the event that a country’s                  countries with either controlled or                   3A–03.8, 4700 River Road Unit 118,
                                                    risk status is demoted by the OIE,                      undetermined risk statuses must
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  Riverdale, MD 20737–1238.
                                                    APHIS would also change its risk                        demonstrate that they have the authority                 Supporting documents and any
                                                    designation for the country.                            to conduct oversight of the compliance
                                                       Within the United States, the Food                                                                         comments we receive on this docket
                                                                                                            with such requirements.                               may be viewed at http://
                                                    and Drug Administration (FDA) is the
                                                                                                               Therefore, in accordance with the                  www.regulations.gov/
                                                    Federal agency responsible for
                                                                                                            regulations in § 92.5, we are announcing              #!docketDetail;D=APHIS-2016-0035 or
                                                      1 To view the notice and the comment we               our decision to concur with the OIE risk              in our reading room, which is located in
                                                    received, go to http://www.regulations.gov/             classifications of the following                      Room 1141 of the USDA South
                                                    #!docketDetail;D=APHIS-2016-0092.                       countries:                                            Building, 14th Street and Independence


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                                                                                  Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices                                          37043

                                                    Avenue SW., Washington, DC. Normal                         In accordance with § 305.3(b)(1), we               DEPARTMENT OF AGRICULTURE
                                                    reading room hours are 8 a.m. to 4:30                   are providing notice that we have
                                                    p.m., Monday through Friday, except                     determined that it is necessary to add                Animal and Plant Health Inspection
                                                    holidays. To be sure someone is there to                two new treatments to the PPQ                         Service
                                                    help you, please call (202) 799–7039                    Treatment Manual: T409–a, a surface                   [Docket No. APHIS–2016–0038]
                                                    before coming.                                          spray with deltamethrin 4.75 percent
                                                    FOR FURTHER INFORMATION CONTACT: Mr.                    active ingredient to mitigate the risk of             Notice of Availability of an Evaluation
                                                    George Balady, Senior Regulatory Policy                 Khapra beetle on aircraft; and T409–b–                of the Classical Swine Fever Status of
                                                    Specialist, PPQ, APHIS, 4700 River                      3, an aerosol spray with ‘1-Shot’                     Mexico
                                                    Road, Unit 133, Riverdale, MD 20737–                    treatment containing 2 percent d-                     AGENCY:  Animal and Plant Health
                                                    1231; (301) 851–2240.                                   phenothrin and 2 percent permethrin to                Inspection Service, USDA.
                                                    SUPPLEMENTARY INFORMATION: The                          mitigate the risk of Japanese beetle and              ACTION: Notice of availability.
                                                    regulations in 7 CFR chapter III are                    other hitchhiking pests, except Khapra
                                                    intended, among other things, to                        beetle, on aircraft.                                  SUMMARY:   We are advising the public
                                                    prevent the introduction or                                To accommodate the addition of                     that we are proposing to recognize
                                                    dissemination of plant pests and                                                                              Mexico as free of classical swine fever,
                                                                                                            treatment T409–b–3, we have
                                                    noxious weeds into or within the United                                                                       subject to conditions in the regulations
                                                                                                            redesignated treatment schedule T409–
                                                    States. Under the regulations, certain                                                                        governing the importation of live swine,
                                                    plants, fruits, vegetables, and other                   b as T409–b–1.
                                                                                                                                                                  pork, and pork products from certain
                                                    articles must be treated before they may                   The reasons for these additions to the             regions into the United States. We are
                                                    be moved into the United States or                      treatment manual are described in detail              proposing this action based on a risk
                                                    interstate. The phytosanitary treatments                in the treatment evaluation document                  evaluation that we have prepared in
                                                    regulations contained in part 305 of 7                  (TED) we have prepared to support this                connection with this action and that we
                                                    CFR chapter III (referred to below as the               action. The TED may be viewed on the                  are making available to the public for
                                                    regulations) set out standards for                      Regulations.gov Web site or in our                    review and comment.
                                                    treatments required in parts 301, 318,                  reading room (see ADDRESSES above for                 DATES: We will consider all comments
                                                    and 319 of 7 CFR chapter III for fruits,                instructions for accessing                            that we receive on or before October 10,
                                                    vegetables, and other articles.                         Regulations.gov and information on the                2017.
                                                       In § 305.2, paragraph (b) states that                location and hours of the reading room).              ADDRESSES: You may submit comments
                                                    approved treatment schedules are set                    You may also request paper copies of                  by either of the following methods:
                                                    out in the Plant Protection and                         the TED by calling or writing to the                    • Federal eRulemaking Portal: Go to
                                                    Quarantine (PPQ) Treatment Manual.1                     person listed under FOR FURTHER                       http://www.regulations.gov/
                                                    Section 305.3 sets out the processes for                INFORMATION CONTACT. Please refer to the              #!docketDetail;D=APHIS-2016-0038.
                                                    adding, revising, or removing treatment                 subject of the TED when requesting                      • Postal Mail/Commercial Delivery:
                                                    schedules in the PPQ Treatment
                                                                                                            copies.                                               Send your comment to Docket No.
                                                    Manual. In that section, paragraph (b)
                                                                                                               After reviewing the comments we                    APHIS–2016–0038, Regulatory Analysis
                                                    sets out the process for adding, revising,
                                                                                                            receive, we will announce our decision                and Development, PPD, APHIS, Station
                                                    or removing treatment schedules when
                                                                                                            regarding the new treatment schedules                 3A–03.8, 4700 River Road Unit 118,
                                                    there is an immediate need to make a
                                                                                                                                                                  Riverdale, MD 20737–1238.
                                                    change. The circumstances in which an                   described in the TED in a subsequent
                                                                                                                                                                    Supporting documents and any
                                                    immediate need exists are described in                  notice. If we do not receive any
                                                                                                                                                                  comments we receive on this docket
                                                    § 305.3(b)(1). They are:                                comments, or the comments we receive                  may be viewed at http://
                                                       • PPQ has determined that an                         do not change our determination that                  www.regulations.gov/
                                                    approved treatment schedule is                          the proposed changes are effective, we                #!docketDetail;D=APHIS-2016-0038 or
                                                    ineffective at neutralizing the targeted                will affirm these changes to the PPQ                  in our reading room, which is located in
                                                    plant pest(s).                                          Treatment Manual and make available a                 Room 1141 of the USDA South
                                                       • PPQ has determined that, in order                  new version of the PPQ Treatment                      Building, 14th Street and Independence
                                                    to neutralize the targeted plant pest(s),               Manual reflecting these changes. If we                Avenue SW., Washington, DC. Normal
                                                    the treatment schedule must be                          receive comments that cause us to                     reading room hours are 8 a.m. to 4:30
                                                    administered using a different process                  determine that additional changes need                p.m., Monday through Friday, except
                                                    than was previously used.                               to be made to one or more of the                      holidays. To be sure someone is there to
                                                       • PPQ has determined that a new                      treatment schedules discussed above,                  help you, please call (202) 799–7039
                                                    treatment schedule is effective, based on               we will make available a new version of               before coming.
                                                    efficacy data, and that ongoing trade in
                                                                                                            the PPQ Treatment Manual that reflects                FOR FURTHER INFORMATION CONTACT: Dr.
                                                    a commodity or commodities may be
                                                                                                            the changes.                                          Chip Wells, Senior Staff Veterinarian,
                                                    adversely impacted unless the new
                                                    treatment schedule is approved for use.                   Authority: 7 U.S.C. 7701–7772 and 7781–             Regionalization Evaluation Services,
                                                       • The use of a treatment schedule is                 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22,             National Import Export Services, VS,
                                                    no longer authorized by the U.S.                        2.80, and 371.3.                                      APHIS, USDA, 4700 River Road, Unit
                                                                                                                                                                  38, Riverdale, MD 20737–1231;
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Environmental Protection Agency or by                     Done in Washington, DC, this 2nd day of
                                                    any other Federal entity.                                                                                     Chip.J.Wells@aphis.usda.gov; (301) 851–
                                                                                                            August 2017.                                          3317.
                                                                                                            Michael C. Gregoire,
                                                      1 The Treatment Manual is available at http://                                                              SUPPLEMENTARY INFORMATION: The
                                                    www.aphis.usda.gov/import_export/plants/                Administrator, Animal and Plant Health                Animal and Plant Health Inspection
                                                    manuals/index.shtml or by contacting the Animal         Inspection Service.                                   Service (APHIS) of the United States
                                                    and Plant Health Inspection Service, Plant              [FR Doc. 2017–16676 Filed 8–7–17; 8:45 am]
                                                    Protection and Quarantine, Manuals Unit, 92
                                                                                                                                                                  Department of Agriculture (USDA)
                                                    Thomas Johnson Drive, Suite 200, Frederick, MD          BILLING CODE 3410–10–P                                regulates the importation of animals and
                                                    21702.                                                                                                        animal products into the United States


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Document Created: 2017-08-08 00:18:01
Document Modified: 2017-08-08 00:18:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability and request for comments.
DatesWe will consider all comments that we receive on or before October 10, 2017.
ContactMr. George Balady, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2240.
FR Citation82 FR 37042 

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